Nassau County, Long Island Drunk Driving Lawyer
Nassau County drunk driving lawyer Gianni Karmily provides skilled legal defense for individuals facing DWI and DWAI charges across Long Island. With extensive experience handling alcohol and offenses, he helps clients navigate the complex legal processes. From challenging test results to negotiating with prosecutors, Nassau County DWI lawyer Gianni Karmily has a proven track record of fighting to protect clients’ rights, permanent criminal records, and driving privileges.
If you’re facing DWI charges, contact Long Island drunk driving lawyer Gianni Karmily for a confidential case evaluation. To schedule with the Law Firm of Gianni Karmily, fill out the online contact form, or call our Great Neck office at (516) 630-3405 or our Hempstead office at (516) 614-4228.
Why You Need a Nassau County, Long Island Drunk Driving Attorney
If you have been arrested for driving while intoxicated, you need a Nassau County, Long Island DWI defense attorney to protect your rights and fight the charges against you. Experienced DWI attorney Gianni Karmily understands the state’s complex Vehicle & Traffic Law (VTL). He knows how to challenge the legality of police stops, processes, and results.
As a respected Nassau County, Long Island DWI defense lawyer who understands the local court system, he’s adept at negotiating with prosecutors to reduce DWI charges, prevent license suspensions or revocations, and, when situations allow, have the DWI case dismissed.
With severe penalties such as fines, probation, jail time, and long-term license revocation at stake, having a knowledgeable Nassau County DWI lawyer is essential to building a strong criminal defense and protecting your future.
New York Criminal Laws for Driving Under the Influence of Alcohol or Drugs
New York DWAI vs DWI laws vary in severity and classification. DWI (DUI in some other states) applies when an individual’s blood alcohol concentration (BAC) is 0.08 percent or higher or when they operate a vehicle in an intoxicated condition due to alcohol, or a combination of drugs or alcohol and any drug. A DWAI-alcohol lowers the level of impairment “to any extent” while operating a vehicle. It does not have a blood alcohol content requirement.
In addition, drivers can also be charged if they refuse to submit to testing. This can trigger separate DMV penalties and can lead to additional consequences.
- VTL § 1192-1: Driving While Ability Impaired By Alcohol (DWAI)
- VTL § 1192-2: Driving While Intoxicated With A Reading of 0.08 Percent or more
- VTL §1192(2-a)(a): Aggravated Driving While Intoxicated with a Reading of 0.18 Percent or More
- VTL §1192(2-a)(b) / Leandra’s Law: Driving While Intoxicated With A Child 15 Years or Younger in the Vehicle
- VTL § 1192-3: Driving While Intoxicated
- VTL § 1192-4: Driving While Ability Impaired By Drugs
- VTL §1192(4-a): Driving While Ability Impaired By Drugs and Alcohol
- VTL § 1192-a (Zero Tolerance Law): Operating A Motor Vehicle After Having Consumed Alcohol Under the Age of 21
Driving While Intoxicated in New York
In New York, it’s illegal to drive while intoxicated. State law prohibits operating motor vehicles with a BAC level of 0.08 percent or driving while ability impaired by a combination of drugs or alcohol and any drug. The first DWI offense is typically a misdemeanor, but repeat DWI offenses within ten years can be charged as felonies. DWI convictions can include substantial fines, probation, jail time, mandatory driver’s license revocation, and requirements of installing an ignition interlock device (IID).
New York DWAI Laws
Driving While Ability Impaired (DWAI) laws in New York apply when a driver operates a vehicle after consuming alcohol or drugs to the extent that their ability to operate a vehicle is even slightly impaired. Under Vehicle and Traffic Law §1192(1), a DWAI due to alcohol is a traffic infraction. This typically involves BAC levels between 0.05 and 0.07 percent. Consequences for first-time DWAI convictions in New York can include fines, a short jail term, and a 90-day license suspension.
Vehicle and Traffic Law §1192(4) applies when the person’s impairment is caused by a controlled substance under Public Health Law §3306. VTL §1192(4-a) governs impairment caused by a combination of drugs or alcohol and any drug. This driving while ability impaired charge applies when multiple substances together hinder a driver’s ability to operate a vehicle, even if neither substance alone would have caused the same level of impairment, or when alcohol is combined with any drug or drugs. Both §1192(4) and §1192(4-a) are misdemeanor offenses for a first conviction and carry harsher penalties than an alcohol-based DWAI.
Leandra’s Law
Leandra’s Law is one of the state’s more severe statutes. It makes driving while intoxicated with a passenger fifteen or less an automatic felony offense, even for first-time offenders. New York criminal law also mandates IID installations for all DWI convictions. Under Leandra’s Law, offenders face harsher penalties, including potential prison time, probation, fines, and long-term license revocation.
Common Cases Nassau County DWI Attorney Gianni Karmily Handles
DWI First-Offense Lawyer
Nassau County DWI first-offense lawyer Gianni Karmily helps clients who are facing criminal charges for driving while intoxicated for the first time. He provides skilled legal representation for first-time offenders navigating the legal process and works to mitigate the impact of first DWI offenses throughout Long Island.
In New York, even the first DWI offense can lead to fines, jail, probation, installation of an (IID) ignition interlock device, and having your driver’s license revoked. If you’ve been arrested for the first time, consulting an experienced first-offense DWI attorney in Nassau County, Long Island, can drastically impact the outcome of your DWI case. Gianni Karmilly will review the details of your arrest, challenge results, and work to negotiate reduced charges or have a first-time DWI charge dismissed in New York, when appropriate. Retaining skilled legal counsel immediately for first offense DWIs in Nassau or Suffolk Counties ensures you get the best possible outcome.
Second DWI Attorney
A second DWI charge in Nassau County is treated as a Class E felony if it occurs within ten years of a prior conviction. Under New York criminal law, consequences are significantly harsher than for a first offense. Second DWI charge consequences can include a fine of up to $5,000, four years in prison, probation, and having a revoked license for at least one year. Repeat offenders will also face mandatory installation of an (IID) ignition interlock device, increased insurance costs, and a permanent record. Because of the severe legal and financial consequences, it is essential to work with a Nassau County, Long Island second DWI attorney who can challenge the evidence and seek to mitigate or reduce second DWI charges on Long Island.
Third DWI Lawyer
A third DWI charge in Nassau County is a Class D felony under New York criminal law. The penalties for a third DWI charge in New York State include up to $10,000 in fines, a maximum of seven years in state prison, and having your driver’s license revoked for at least a year. Offenders are also required to install an ignition interlock device and may face permanent license loss depending on their record. Nassau County, Long Island third DWI lawyer Gianni Karmily has a deep understanding of New York criminal law. He can evaluate the circumstances surrounding the arrest and provide personalized attention when defending your freedom in these high-stakes DWI cases.
Aggravated DWI Lawyer
In Nassau County, aggravated DWIs are charged when drivers operate motor vehicles with a blood alcohol content of 0.18 percent or higher under New York criminal law. This criminal charge carries harsher sentences than standard DWI charges. Consequences include fines up to $2,500, up to one year in jail, probation, installation of an ignition interlock device, and a minimum one-year license revocation. Second or third offenses within ten years are charged as felonies. Here, the penalties escalate to longer prison sentences and higher fines. Because these convictions can have lasting consequences on your permanent record and driving privileges, it’s critical to hire an experienced Nassau County, Long Island aggravated DWI lawyer for skilled legal representation.
DWI Refusal Lawyer (Refusing a Breath or Chemical Test)
Drivers are required to submit to chemical testing if they’re under arrest for driving while intoxicated under New York’s Implied Consent Law. Individuals can refrain, but they will face penalties for doing so. After a breath or chemical test refusal on Long Island, the DMV will schedule a refusal hearing. This is separate from the DWI case. Typically, refusal hearings happen within fifteen days of arraignment. During this period, you’ll have a suspended license. Both the police and the defendant have the opportunity to present evidence. Some of the questions the judge will expect the police and defendant to address include:
- Did the officer have probable cause to think you were in violation of any subdivision of VTL § 1192 at the time of the arrest?
- Did the officer make a lawful DWI arrest?
- Did police give clear and unequivocal warnings that refusing would lead to a suspended license, even if you weren’t found guilty of the DWI charges?
- Did you actually refuse to submit to the breathalyzer?
If the judge determines that the answer is “yes,” you lose driving privileges for at least one year.
Experienced Nassau County DWI refusal lawyer Gianni Karmily can help you navigate the legal process and protect your rights when you’ve chosen not to submit to police testing after being pulled over.
DWI Probation Lawyer
A Nassau County, Long Island DWI probation lawyer represents clients who are currently on probation following a DWI conviction and are facing a new criminal charge. Courts may impose a conditional discharge, probation, or jail for DWI and DWAI convictions. Any subsequent charges during probation can trigger serious consequences. An experienced DWI attorney can help defend against this complex legal matter and negotiate for the best possible outcome.
Felony Drunk Driving Attorney
Nassau County, Long Island, felony drunk driving attorney Gianni Karmily uses years of experience to help clients charged with offenses that rise to the felony level. When someone receives a second DWI within ten years of a prior DWI or DWAI-Drug conviction, the stakes are much higher. A Nassau County DWI attorney provides dedicated legal representation, working to reduce or dismiss charges to protect your rights and future.
Zero Tolerance DWI Lawyer (Criminal Charges for Underage DWI)
A Nassau County, Long Island zero-tolerance DWI lawyer provides legal assistance for drivers under 21 after DWI arrests for operating a vehicle with a blood alcohol concentration between 0.02 and 0.07 percent. First-offense underage DWI charges can be punishable with fines, a six-month license suspension, and a mandatory alcohol educational program. Repeat or aggravated cases can escalate to criminal charges. A Nassau County DWI defense lawyer can help protect young drivers’ permanent records.
Military and Professional DUI/DWI Lawyer
A Nassau County DWI defense lawyer offers dedicated defense strategies for service members and licensed professionals facing DWI charges. DWI penalties for those on active duty include civilian prosecution as well as Article 15 proceedings, courts-martial, security clearance loss, and discharge. Licensed professionals can face board investigations, license suspension or revocation, and other career consequences following a DWI conviction. If you or a loved one is under DWI arrest, it’s crucial to avoid discussing any details and hire a Long Island DWI attorney as quickly as possible.
DWAI Defense Lawyer (Driving While Ability Impaired by Alcohol or Drugs)
A Nassau County, Long Island DWAI defense lawyer represents clients arrested for driving while impaired by alcohol or drugs, but their blood alcohol content doesn’t rise to the level of DWI (DUI in some other states). While DWAI-alcohol is generally a traffic infraction, penalties for a first-time DWAI-drug or combination offense in New York are much more serious. A Nassau County DWAI defense lawyer can provide criminal defense strategies, working to help secure a positive outcome on behalf of defendants.
Penalties for Long Island DWI Convictions
If convicted, the penalties for driving while intoxicated in New York include fines, probation, jail time, and losing your driving privileges. The consequences vary depending on the circumstances surrounding the DWI case. This can include the type of DWI offense, whether it’s a first offense or if there’s a subsequent DWI conviction within ten years.
New York Penalties for DWI and DWAI Convictions
| Offense | Fine | Jail Sentence | Driving Privileges |
|---|---|---|---|
| DWI or DWAI-Drug | Up to $1,000 | Up to 1 year | Min. of 6-month revocation |
| Second DWI or DWAI-Drug | Up to $5,000 | Up to 4 years | Min. of 12-month revocation |
| Third DWI or DWAI-Drug | Up to $10,000 | Up to 7 years | Min. of 12-month revocation |
| DWAI-Combination | Up to $1,000 | Up to 1 year | Min. of 6-month revocation |
| Second DWAI-Combination | Up to $5,000 | Up to 4 years | Min. of 12-month revocation |
| Third DWAI-Combination | Up to $10,000 | Up to 7 years | Min. of 12-month revocation |
| DWAI | Up to $500 | Up to 15 days | 90-day suspension |
| Second DWAI | Up to $750 | Up to 30 days | Min. of 6-month revocation |
| Third DWAI | Up to $1,500 | Up to 180 days | Min. of 6-month revocation |
| Testing Refusal | $500 | N/A | Min. of 12-month revocation |
| Second Testing Refusal | $750 | N/A | Min. of 18-month revocation |
| Aggravated DWI | Up to $2,500 | Up to 1 year | Min. of 12-month revocation |
| Second Aggravated DWI | Up to $5,000 | Up to 4 years | Min. of 18-month revocation |
| Third Aggravated DWI | Up to $10,000 | Up to 7 years | Min. of 18-month revocation |
Criminal Defense Strategies for DWI Charges in Nassau County, Long Island
Challenging Breath, Chemical, and Field Sobriety Tests
Challenging testing is one of the most effective defense strategies for having DWI charges reduced in New York. Under Vehicle and Traffic Law (VTL) §1194, Long Island police officers must have reasonable suspicion to request a test and must follow specific procedures when administering it. Breathalyzers must be properly calibrated. Chemical tests must generally be conducted by certified operators within two hours of the arrest. Field sobriety tests, like horizontal gaze nystagmus, one-leg stand, or walk-and-turn, must be performed under standardized conditions. If police officers deviate from this legal process, it weakens the prosecution’s case. A Nassau County DWI lawyer investigates to establish the validity of each detail. If regulations or rights are violated, this works in the defense’s favor. This determination weakens the prosecution’s case and establishes reasonable doubt.
Illegal Traffic Stops and Checkpoint Violations
These violations can be powerful criminal defenses for alleged Long Island DWI offenders. Police officers must have reasonable suspicion to pull drivers over. In addition, police checkpoints must follow strict regulations. If police officers pull you over without lawful cause or checkpoints don’t follow what’s legally required, any evidence or information acquired afterwards may be suppressed. A Nassau County DWI lawyer can investigate police footage, reports, and checkpoint protocols to see if any legal issues occurred. If any violations occurred, your Nassau County DWI attorney will seek to have the case dismissed at a suppression hearing.
Court Locations and Criminal Law Procedures for DWI/DUI Arrest in Nassau and Suffolk Counties
Courthouse locations for Nassau and Suffolk Counties include:
Nassau County DWI charges:
- Felony: 252 Old Country Road, Mineola, and 262 Old Country Road, Mineola
- Misdemeanor:
- Nassau County District Court: 99 Main Street, Hempstead
- Glen Cove City Court: 13 Glen Street, Glen Cove
- Long Beach City Court: 1 West Chester Street, Long Beach
- DMV Safety Hearings: Webex virtual hearings
Suffolk County DWI charges:
- Felony: 210 Center Drive, Riverhead, NY
- Misdemeanor: Most cases are held at 400 Carleton Avenue, Central Islip. If not, they are held at the smaller Village Courts throughout Suffolk County.
- DMV Safety Hearings: Webex virtual hearings
Legal Help to Obtain a Conditional License on Long Island
A Nassau County DWI lawyer can provide legal assistance to obtain a conditional license following convictions for Long Island DWIs. This is critical for those needing a post-conviction conditional license (PCCL) under New York law. The Post-Conviction Conditional License (PCCL) allows eligible drivers to operate a vehicle for specific purposes. A Nassau County DWI attorney offers legal counsel for clients by determining conditional license eligibility under Vehicle and Traffic Law §1196.
Legal Representation for Drivers’ License Suspension and DMV Refusal Hearings in Nassau County, Long Island
Legal representation for driver’s license suspension and DMV refusal hearings on Long Island is crucial for anyone accused of refusing tests. Refusing to submit triggers an automatic driver’s license suspension and a mandatory DMV hearing. In a refusal hearing, your DWI attorney will examine whether:
- Did the officer have probable cause to think you were in violation of any subdivision of VTL § 1192 at the time of the arrest?
- Did the officer make a lawful DWI arrest?
- Did police give clear and unequivocal warnings that refusing would lead to a suspended license, even if you weren’t found guilty of the DWI charges?
- Did you actually refuse to submit to the breathalyzer?
Experienced DWI defense can help preserve your operating privileges and prevent a longer license revocation.
Nassau County, Long Island Ignition Interlock Device
Long Island ignition interlock device requirements give eligible offenders a way to regain limited privileges while demonstrating sobriety compliance. Under Vehicle and Traffic Law §1198, anyone convicted of DWI charges must install an IID on any vehicle they own or operate for at least one year. Nassau and Suffolk County courts only offer diversion for drug-related charges, not alcohol-related charges. A knowledgeable DWI attorney can help you understand IID requirements, ensure compliance, and work to prevent additional consequences or license revocation.
CDL DWI Information
Commercial operators face much harsher consequences for DWI offenses. Even a first-time DWI conviction can result in an 18-month CDL disqualification, even if the offense occurred in a personal vehicle. For CDL holders, a BAC as low as 0.04 percent is enough to trigger a CDL suspension. If you’ve already been convicted or if you refused to submit to testing, this can lead to having your CDL revoked permanently. If you’re facing Nassau DWI charges or DWAI charges with a CDL, it’s critical to work with an experienced Long Island CDL DWI defense attorney.
Frequently Asked Nassau County, Long Island DWI Defense Questions
Can You Refuse a Breathalyzer in New York?
Yes, drivers can legally refuse breathalyzers. However, in New York, refusing triggers a driver’s license revocation for one year and a fine of up to $750, even if the person isn’t convicted in the criminal case. Prosecutors can also use this as evidence of guilt in court.
Can You Refuse a Field Sobriety Test in New York?
Yes, drivers can refuse to perform field sobriety tests in New York because these tests are voluntary and not required by law. However, combined with other observations by the police, such as driving behavior, odor of alcohol, speech, appearance, admissions, or surrounding circumstances, refusal may contribute to establishing probable cause for an arrest. It may then be used at a DWI trial where prosecutors will argue that the refusal to perform field sobriety tests, combined with these other factors, suggests consciousness of guilt.
How To Get a DWI Dismissed in NY
To get a DWI dismissed in New York, experienced criminal defense attorneys typically need to prove that the traffic stop lacked reasonable suspicion, the arrest lacked probable cause, or the testing was improperly administered or inadmissible under New York’s Vehicle and Traffic Law (VTL) § 1192.
Can You Get a DWI On a Bicycle in New York?
No. You cannot be arrested for a DWI on a bicycle in New York. However, if you’re riding while intoxicated or impaired on an e-bike or bicycle with a motor of any kind, you are subject to the same laws as individuals operating motor vehicles.
Is DWAI a Misdemeanor in NY?
In New York, first-time DWAI alcohol offenses are considered traffic infractions, while the first offense for DWAI drugs is a misdemeanor. If the person is a repeat offender, DWAIs can be treated as traffic infractions, misdemeanors, or felonies.
Is a DWI a Felony in NY?
In New York, a first offense for DWI and Aggravated DWI is a misdemeanor. However, repeat DWI offenses within ten years are considered felonies.
Contact Nassau County DWI Lawyer Gianni Karmily For a Case Evaluation
If you’ve been accused or charged with driving under the influence in Nassau or Suffolk County, you need to hire an experienced criminal defense attorney immediately. Long Island DWI defense lawyer Gianni Karmily offers skilled legal representation for clients facing criminal charges. Long Island DWI lawyer Karmily carefully reviews the state’s evidence, identifies violations in specific procedures, and uses his findings to negotiate plea deals with prosecutors. When the prosecution doesn’t offer clients favorable outcomes, he fights for clients’ freedom by poking holes in the prosecution’s case in court.
If you’ve been arrested for driving while intoxicated on Long Island, you need to take immediate action. Seek legal counsel from Nassau County DWI attorney Gianni Karmily immediately.
Schedule a confidential case evaluation with the Law Firm of Gianni Karmily, PLLC, by calling the Great Neck office at (516) 630-3405 or the Hempstead office at (516) 614-4228, or filling out the online contact form.
